As a criminal defense attorney in South Florida for over 20 years, I've seen many new laws come into effect, but few have generated as much discussion and controversy as quickly as Florida's new "Halo Law." Since taking effect on January 1, 2025, this law has already resulted in numerous arrests across our state, and I believe it's crucial for Palm Beach County residents to understand its implications.
What Exactly Is the Halo Law in Florida?
Florida's new "Halo Law," officially codified as Florida Statute 843.31, is intended to protect law enforcement from harassment. The statute makes it a second-degree misdemeanor for anyone to approach or remain within 25 feet of a first responder after receiving a verbal warning not to do so.
As of this writing, Florida Statute 843.31 specifically states:
"It is unlawful for a person, after receiving a verbal warning not to approach from a person he or she knows or reasonably should know is a first responder, who is engaged in the lawful performance of a legal duty, to knowingly and willfully violate such warning and approach or remain within 25 feet of the first responder with the intent to:
1. Impede or interfere with the first responder's ability to perform such duty; 2. Threaten the first responder with physical harm; or 3. Harass the first responder."
The statute defines "harass" as willfully engaging in conduct which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose."
The Reality of Early Enforcement
According to a statewide survey conducted by Fresh Take Florida, at least 11 people have already been arrested for allegedly violating this new law. Man
y of these individuals claim they were unaware of the law or its requirements.
One particularly concerning case involved Katelynn Justice, who was arrested in Bay County just one hour after the law went into effect on New Year's Day. Justice was arrested after asking deputies why her husband was being detained. She reports that she wasn't aware of the new law and felt she acted reasonably as any spouse would.
Similarly, Kaleb Matthew Freeze was arrested in Santa Rosa County when he approached deputies to ask about an incident involving his girlfriend. According to Freeze, deputies arrested him without explaining why.
These early cases highlight what I believe are serious flaws in how this law is being applied.
Legal Concerns About the Halo Law
As a West Palm Beach defense lawyer who's dedicated to protecting constitutional rights, I have several concerns about this legislation:
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Subjective Interpretation: When lawmakers were debating the bill, then-Senator Bobby Powell of West Palm Beach questioned how subjective the "emotional distress" threshold for arrest might be. This subjectivity creates inconsistent enforcement.
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First Amendment Issues: The law includes no specific protections for anyone recording or merely quietly watching police or firefighters within 25 feet. This potentially impacts important constitutional rights.
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Practical Application Problems: In practice, as noted by Gainesville-based defense attorney Matt Landsman, "It's doing exactly what I suspected it was for, which is to stop people from monitoring the police, not for safety."
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Notification Inconsistencies: According to the Santa Rosa County sheriff's top lawyer, Jennifer Rogers, deputies aren't required to specifically notify anyone of the 25-foot rule to make an arrest. This creates a troubling scenario where people may be arrested without understanding exactly what they've done wrong.
What This Means for You in Palm Beach County
If you find yourself in a situation involving police or other first responders in Palm Beach County, I recommend:
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Maintain Distance: Stay at least 25 feet away from officers if you're instructed to do so
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Remain Calm: Even if you disagree with what's happening
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Record from a Distance: If you feel the need to document an interaction, do so from at least 25 feet away
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Know Your Rights: Understanding this new law is your first line of defense
When You Need a Criminal Defense Attorney
If you've been charged under the Halo Law, it's essential to contact an experienced criminal defense attorney immediately. Many of these charges are being dropped by prosecutors upon review, as happened with Katelynn Justice in Bay County. However, navigating this process requires legal expertise.
As a dedicated criminal defense attorney serving Palm Beach Gardens and surrounding areas, I've helped hundreds of clients facing various charges, including those under new and controversial laws. This law is particularly concerning because of its potential impact on legitimate citizen oversight of law enforcement activities.
Contact Our Palm Beach Criminal Attorney if You're Facing Charges
As a criminal defense firm, we understand the complexities of navigating the legal system and the importance of having experienced legal representation. Whether you're dealing with historical convictions or current charges, having a knowledgeable advocate can make all the difference.
The Law Offices of Matthew Konecky are available 24/7 to help protect your rights and ensure you receive fair treatment under the law. If you need assistance with any criminal defense matter, contact us at (561) 671-5995 for a consultation.
For more information about the criminal justice process, download our free guide, "My Loved One Has Been Arrested: What's Next?"
This blog post is based on information reported by Aidan Bush in the Fresh Take Florida article "Florida begins first prosecutions under 'Halo Law'" and the official Florida Statute 843.31.
